Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB2462 Amended / Bill

Filed 03/25/2021

                     
 
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SENATE FLOOR VERSION 
March 24, 2021 
AS AMENDED 
 
ENGROSSED HOUSE 
BILL NO. 2462 	By: Lowe (Dick) of the House 
 
  and 
 
  Howard of the Senate 
 
 
 
 
[ state government - reimbursable expenses - State 
Department of Education to contract for specified 
goods and services –  
emergency ] 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     74 O.S. 2011, Section 500.2, as 
last amended by Section 1, Chapter 194, O.S.L. 2019 (74 O.S. Supp. 
2020, Section 500.2), is amended to read as follows: 
Section 500.2.  A.  Officials and employees of the state, 
traveling on authorized state business, may be reimbursed for 
expenses incurred in such travel in accordance with the provisions 
of the State Travel Reimburs ement Act and existing statutes relating 
to state travel.  Persons who are not state employees, but who are 
performing substantial and necessary services to the state which 
have been directed or approved by the appropriate department 
official shall enjoy t he protection of the sovereign immunity of the 
state to the same extent as a paid employee.  Such persons may be   
 
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reimbursed for expenses incurred during authorized official travel 
under these same statutory provisions, provided it is indicated on 
the claim the person is not a state employee, a description of 
services performed is entered, and the agency head by approval of 
the claim certifies such services were substantial and necessary, 
and germane to the duties and functions of the reimbursing agency.  
Travel expenses incurred by a person during the course of seeking 
employment with a state agency, unless such travel is performed at 
the request of the employing agency, shall not be considered 
expenses incurred in performing substantial and necessary servic es 
to the state and shall not be reimbursed under the pr ovisions of the 
State Travel Reimbursement Act. 
B.  The chief administrative officer of the Department of Public 
Safety, the Oklahoma State Bureau of Investigation, the Oklahoma 
State Bureau of Narcot ics and Dangerous Drugs Control, the Military 
Department of the State of Oklahoma, the Department of Corrections, 
the Office of Management and Enterprise Services, the Alcoholic 
Beverage Laws Enforcement Commission, the Oklahoma Department of 
Agriculture, Food, and Forestry, the Oklahoma Department of 
Emergency Management, the State Fire Marshal, and the State 
Department of Health may arrange for and charge meals and lodging 
for a contingent of state personnel moved into an area for the 
purpose of preservin g the public health, safety, or welfare or for 
the protection of life or property.  The cost for meals or lodging   
 
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so charged shall not exceed the amount authorized in the State 
Travel Reimbursement Act.  The chief administrative officer of each 
agency involved in such an operation shall require the vendor 
furnishing meals, lodging, or both meals and lodging to submit an 
itemized statement for payment.  When a claim for lodging is made 
for a contingent of state personnel, individual members of the 
contingent may not submit a claim for lodging.  When a claim for 
meals is made for a contingent of state personnel, individual 
members of the contingent may not submit a claim for meals. 
C.  The Oklahoma Department of Commerce, the Oklahoma Center for 
the Advancement of Science and Technology, and the Oklahoma 
Department of Agriculture, Food, and Forestry are hereby authorized 
to enter into contracts and agreements for the payment of food, 
lodging, meeting facility and beverage expenses as may be necessary 
for sponsoring seminars and receptions relating to economic 
development and science and technology issues.  Such expenses may be 
paid directly to the contracting agency or business establishment.  
The Director of the Oklahoma Department of Commerce, the President 
of the Oklahoma Center for the Advancement of Science and 
Technology, and the Commissioner of Agriculture shall each provide a 
quarterly report of such expenditures to the Governor, the Speaker 
of the House of Representatives and the President Pro Tempore of the 
Senate.   
 
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D.  The Native American Cultural and Educat ional Authority is 
hereby authorized to enter into contracts and agreements for the 
payment of food, lodging, and meeting facility as may be necessary 
to pursue the promotion of fundraising, marketing , and development 
of Native American educational program s and cultural projects, or to 
sponsor luncheons, seminars, and receptions relating to Native 
American educational, cultural, museum, and economic development 
issues.  Such expenses may be paid direct ly to the contracting 
agency or business establishment. The Executive Director of the 
Native American Cultural and Educational Authority shall provide a 
monthly report of expenditures to the Native American Cultural and 
Educational Authority Board. 
E.  For purposes of this section: 
1.  "State agency" means any constitutionally or statutorily 
created state board, commission, or department, including the 
Legislature and the Courts; 
2.  State agencies are authorized to enter into contracts and 
agreements for the payment of food and lodging expenses as may be 
necessary for employees or other persons who are performing 
substantial and necessary services to the state by attending 
official conferences, meetings, seminars, workshops, or training 
sessions or in the performance of their duties.  Such expenses may 
be paid directly to the contracting agency or business 
establishment, provided the meeting qualifies for overnight travel   
 
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for the employees and the cost for food and lodging for each 
employee shall not exceed the total daily rate as provided in the 
State Travel Reimbursement Act; 
3.  State agencies are authorized to enter into contracts and 
agreements for the payment of conference registration expenses as 
may be necessary for employees or other persons who are performing 
substantial and necessary services to the st ate by attending 
official conferences, meetings, seminars, workshops, or training 
sessions.  Such expenses may be paid directly to the contracting 
agency or business establishment; and 
4.  State agencies are authorized to enter into contracts and 
agreements for the payment of food and lodging expenses as may be 
necessary for employees attending an official course of instruction 
or training conducted or sponsored by any state agency.  Expenses 
may be paid directly to the contracting agency or business 
establishment.  The cost for food and lodging for each employee 
shall not exceed the total daily rate as provided in the State 
Travel Reimbursement Act. 
F.  State agencies are authorized to make direct purc hases of 
commercial airline tickets for use by employees in approved out-of-
state travel.  Each claim or invoice submitted to the Director of 
the Office of Management and Enterprise Services for the payment of 
the purchase shall bear the airline identifyin g ticket number, the 
name of the airline, total cost of each ticket purchased, class of   
 
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accommodation and name of the employee for whom the ticket was 
purchased, and shall be filed on claim forms as prescribed by the 
Director of the Office of Management an d Enterprise Services.  The 
employee shall sign an affid avit stating that the employee used a 
direct purchase commercial airline ticket received for his or her 
approved out-of-state travel, or in lieu of the affidavit, the 
employee may file a travel claim in connection with said airline 
flight. 
G.  1.  The Director of the Office of Management and Enterprise 
Services is hereby authorized to enter into contracts and agreements 
for the payment of food, lodging, and other authorized expenses as 
may be necessary to host, conduct, sponsor, or participate in 
conferences, meetings, or training sessions.  The Director may 
establish accounts as necessary for the collection and distribution 
of funds, including funds of sponsors and registration fees, related 
to such conferences, meetings, and training sessions.  Expenses 
incurred may be paid directly to the contracting agency or business 
establishment. 
2.  The cost of food for persons attending any conferences, 
meetings, and training sessions that do not require overnig ht travel 
shall not exceed the total daily rate as provi ded in the State 
Travel Reimbursement Act. 
H.  1.  The Commissioner of the Department of Mental Health and 
Substance Abuse Services is hereby authorized to enter into   
 
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contracts and agreements for the payment of food, lodging, and other 
authorized expenses as may be necessary to host, conduct, sponsor, 
or participate in conferences, meetings, or training sessions.  The 
Commissioner may establish accounts as necessary for the collection 
and distribution of funds, including funds of sponsors and 
registration fees, related to such conferences, meetings, and 
training sessions.  Any expenses incurred may be paid directly to 
the contracting agency or business establishment. 
2.  The cost of food for persons att ending any conferences, 
meetings, and training sessions that do not require overnight travel 
shall not exceed the total daily rate as provided in the State 
Travel Reimbursement Act. 
I.  The Oklahoma Indigent Defense System is hereby authorized to 
enter into contracts and agreements for the payment of lodging as 
necessary for employees to carry out their duties in representing 
any client whom the System has been properly appointed to represent.  
Such expenses may be paid directly to the contracting agency or 
business establishment.  The cost for lodging for each employee 
shall not exceed the daily rate as provided in the State Travel 
Reimbursement Act. 
J.  The Oklahoma Tourism and Recreation Department is hereby 
authorized to enter into contracts and agreemen ts for the payment of 
food, lodging, and meeting facilit y and beverage expenses as may be 
necessary for seminars and receptions relating to familiarization   
 
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tours and tourism development.  The expenses may be paid directly to 
the contracting agency or busin ess establishment.  The Executive 
Director of the Oklaho ma Tourism and Recreation Department shall 
provide a monthly report of any such expenditures to the Oklahoma 
Tourism and Recreation Commission. 
K.  The Oklahoma Tourism and Recreation Department is he reby 
authorized to enter into contracts and agreements f or the payment of 
exhibitor fees and display space charges at expositions to promote 
the Department's recreational facilities and the tourism and 
recreation industry.  The expenses may be paid directl y to the 
contracting agency or business establishment; p rovided that no 
payment shall be made prior to the event unless it conveys a 
property right to the state for future availability and use. 
L.  1.  The Oklahoma Highway Safety Office of the Department o f 
Public Safety is hereby authorized to enter into contr acts and 
agreements for the payment of food, lodging, and other authorized 
expenses as may be necessary, to host, conduct, sponsor, or 
participate in highway -safety-related conferences, workshops, 
seminars, meetings, or training sessions.  The payments sha ll be for 
all persons in attendance, including, but not limited to, employees 
of political subdivisions or employees of the state or federal 
government.  For purposes specified in this paragraph, only federal 
highway safety funds may be used in accordance with federal   
 
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guidelines and regulations, and no appropriated state funds shall be 
used. 
2.  The cost of food for persons attending any highway safety 
conferences, workshops, seminars, meetings, and tr aining sessions 
that do not require overnight travel sha ll not exceed the total 
daily rate as provided in the State Travel Reimbursement Act. 
M.  1.  The Director of the Oklahoma State Bureau of 
Investigation is hereby authorized to enter into contracts an d 
agreements for the payment of food, lodging and other authorized 
expenses as may be necessary to host, conduct, sponsor or 
participate in any conference, meeting, training session or 
initiative to promote the mission and purposes of the Bureau.  The 
payments may be for all persons in attendance, including, bu t not 
limited to, employees of political subdivisions or employees of the 
state or federal government. 
2.  The cost of food for persons that do not require overnight 
travel shall not exceed the total daily rate as provided in the 
State Travel Reimbursement Act. 
N.  The Oklahoma Homeland Security Director is hereby authorized 
to enter into contracts and agreements for the payment of food, 
lodging and other authorized expenses as may be necessary to host , 
conduct, sponsor, or participate in homeland -security-related 
conferences, meetings, workshops, seminars, exercises or training   
 
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sessions.  The expenses may be paid directly to the contracting 
agency or business establishment. 
O.  The State Department of Education is hereby authorized to 
enter into contracts a nd agreements for the payment of food, lodging 
and other authorized expenses as may be nece ssary to host, conduct, 
sponsor or participate in conferences, meetings or training 
sessions.  The State Department of Education may establish accounts 
as necessary for the collection and distribution of funds, including 
funds of sponsors and registration fees, related to such 
conferences, meetings and training sessions.  Any expenses incurred 
may be paid directly to the contracting agency or business 
establishment. 
P. 1.  The Insurance Commissioner of the Insurance Department 
of the State of Oklahoma is hereby authorized to enter into 
contracts and agreements for the payment of food, lodging, and other 
authorized expenses as may be necessary to host, conduct, sponsor , 
or participate in conferences, meetings, or training sessions.  The 
Commissioner may establish accounts as necessary for the collection 
and distribution of funds, including funds of sponsors and 
registration fees, related to such conferences, meetings, a nd 
training sessions.  Any expenses incurred may be paid directly to 
the contracting agency or business establishment. 
2.  The cost of food for persons attending any conferences, 
meetings, and trainin g sessions that do not require overnight travel   
 
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shall not exceed the total daily rate as provided in the State 
Travel Reimbursement Act. 
P. Q. 1.  The State Regents for Higher Education is hereby 
authorized to enter into contracts and agreements for the p ayment of 
food, lodging, and other authorized expenses a s may be necessary to 
host, conduct, sponsor, or participate in conferences, meetings, or 
training sessions.  The State Regents for Higher Education may 
establish accounts as necessary for the collect ion and distribution 
of funds, including funds of sponso rs and registration fees, related 
to such conferences, meetings, and training sessions.  Any expenses 
incurred may be paid directly to the contracting agency or business 
establishment. 
2.  The cost of food for persons attending any conferences, 
meetings, and training sessions that do not require overnight travel 
shall not exceed the total daily rate as provided in the State 
Travel Reimbursement Act. 
Q. R. 1.  The Office of Educational Quality and Acco untability 
is hereby authorized to enter into contracts and agreements for the 
payment of food, lodging, and other authorized expenses as may be 
necessary to host, conduct, sponsor, or participate in conferences, 
meetings, or training sessions.  The Office of Educational Quality 
and Accountability may establish accounts as necessary for the 
collection and distribution of funds, including funds of sponsors 
and registration fees, related to such conferences, meetings, and   
 
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training sessions.  Any expenses incu rred may be paid directly to 
the contracting agency or b usiness establishment. 
2.  The cost of food for persons attending any conferences, 
meetings, and training sessions that do not require overnight travel 
shall not exceed the total daily rate as provide d in the State 
Travel Reimbursement Act. 
R. S. 1.  The Department of Securities is hereby authorized to 
enter into contracts and agreements for the payment of food, 
lodging, meeting facility, facilitator fees and travel expenses, 
exhibitor fees and other authorized expenses as may be necessary to 
host, conduct, sponsor or participate in conferences, meetings, 
training sessions or initiatives promoting or otherwise relating to 
investor education.  The Department of Securities may establish 
accounts as necessary for the collection and distribution of funds, 
including funds of sponsors and registration fees, relating to such 
conferences, meetings, training sessions or initiatives.  The 
payments may be for all persons in attendance, including, but not 
limited to, employees of the state or federal government or 
employees of political subdivisions of the state, including 
employees of boards of public education.  Expenses incurred may be 
paid directly to the contracting agency or business establishment. 
2.  The cost of food for persons attending any conferences, 
meetings and training sessions that do not require overnight travel   
 
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shall not exceed the total daily rate as provided in the State 
Travel Reimbursement Act. 
3.  The Department of Securities is hereby authori zed to pay 
stipends to teachers participating in the inv estor education program 
and monetary achievement awards to select participating students.  
No appropriated state funds shall be used. 
S. T. 1.  The Oklahoma Department of Veterans Affairs is hereby 
authorized to enter into contracts and agreements for the payment of 
food, lodging, meeting facility, beverage and other authorized 
expenses as may be necessary to host, conduct, sponsor or 
participate in seminars, receptions, conferences, meetings or 
training sessions relating to the support of veterans and the 
development of veterans' services.  Expenses incurred may be paid 
directly to the contracting agency or business establishment.  The 
Executive Director of the Oklahoma Department of Veterans Affairs 
shall provide a monthly report of any such expenditures to the 
Oklahoma Veterans Commission. 
2.  The cost of food for persons attending any conferences, 
meetings and training sessions that do not require overnight travel 
shall not exceed the total daily ra te as provided in the State 
Travel Reimbursement Act. 
T. U. Whenever possible it shall be the policy of each state 
agency to prepay airline fares and lodging expenses using a purchase 
card issued to the agency.  This policy shall apply to instances   
 
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where employees of the agency are traveling on behalf of state 
government. 
SECTION 2.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after i ts passage and approval. 
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS 
March 24, 2021 - DO PASS